Edward J. Frami - Page 7

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               Respondent then called the examining agent as a witness to             
          introduce basic documents in the case, including a delinquent               
          1993 return, transcripts and computer records of petitioner's               
          1993 and 1994 tax years, and a copy of the deficiency notice.               
          The agent also explained the reconstruction of petitioner's                 
          income by means of BLS averages.  Petitioner, on cross-                     
          examination, only asked respondent's agent why he used BLS                  
          averages even though petitioner was drawing unemployment                    
          compensation and had a standard of living far below the average             
          depicted by the statistics.  The agent responded that                       
          petitioner's refusal to come forward with any information at the            
          time of the examination was the reason that any differences in              
          petitioner's cost of living and income from the statistical                 
          averages were not taken into account in determining petitioner's            
          income for 1993 and 1994.                                                   
               Petitioner admittedly and purposely failed to file returns             
          for the taxable years 1993 and 1994.  Petitioner asserted the               
          Fifth Amendment with respect to submitting documents or                     
          information to respondent or the Court.  The filing of income tax           
          returns in accordance with statutory and regulatory provisions              
          does not, per se, violate a taxpayer's privilege against self-              
          incrimination under the Fifth Amendment.  White v. Commissioner,            
          72 T.C. 1126, 1130 (1979).  Petitioner in this case did not claim           
          to be under criminal investigation for the taxable years in                 





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